KOVES IS A TECHNOLOGY PLATFORM THAT FACILITATES ACCESS TO HEALTHCARE SERVICES PROVIDED BY INDEPENDENT LICENSED MEDICAL PROVIDERS. KOVES LLC IS NOT A MEDICAL PRACTICE, DOES NOT PRACTICE MEDICINE, AND DOES NOT ITSELF DIAGNOSE MEDICAL CONDITIONS, PRESCRIBE MEDICATIONS, DISPENSE MEDICATIONS, OR DIRECT THE INDEPENDENT PROFESSIONAL JUDGMENT OF LICENSED HEALTHCARE PROVIDERS.
THE SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE EMERGENCY MEDICAL ATTENTION.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING KOVES.CO, CREATING AN ACCOUNT, SUBMITTING INFORMATION, PURCHASING SERVICES, ENROLLING IN A PROGRAM, OR OTHERWISE USING THE KOVES PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS.
Introduction
These Terms of Use ("Terms") govern your access to and use of the websites, applications, portals, services, features, content, communications, and other online services owned, operated, administered, or made available by Koves LLC ("Koves," "we," "us," or "our"), including Koves.co and any related websites, portals, applications, or digital services that link to these Terms (collectively, the "Platform").
The Platform is intended to provide health and wellness information and facilitate access to independent healthcare providers, pharmacies, laboratories, technology services, administrative support, payment processing, communications, prescription coordination, and related services (collectively, the "Services").
Certain portions of the Platform or Services may be hosted, powered, facilitated, supported, or administered through third-party technology providers, including Bask Health, Inc. and its affiliates or service providers. Your use of certain third-party functionality may additionally be governed by separate terms, privacy policies, notices, or consents provided by those parties.
These Terms constitute a legally binding agreement between you and Koves. The terms "you" and "your" refer to the individual accessing or using the Platform.
If you do not agree to these Terms, you are not authorized to access or use the Platform or Services.
Koves Does Not Provide Medical Services
Koves does not practice medicine and does not provide medical care.
Medical services accessible through the Platform are provided by independent licensed physicians, nurse practitioners, physician assistants, professional medical entities, or other appropriately licensed healthcare professionals (collectively, "Healthcare Providers").
Healthcare Providers exercise independent professional medical judgment and are solely responsible for clinical decisions involving:
- medical evaluations;
- diagnoses;
- treatment recommendations;
- prescribing decisions;
- medication selection;
- dosage;
- treatment duration;
- monitoring;
- follow-up care; and
- other clinical decisions.
Koves does not control or direct a Healthcare Provider's professional medical judgment.
Use of the Platform does not create a physician-patient relationship between you and Koves. Any provider-patient relationship that may arise exists solely between you and the applicable Healthcare Provider or professional medical entity.
No Guarantee of Treatment or Prescription
Accessing the Platform, completing a questionnaire, submitting payment information, enrolling in a membership, purchasing a program, or completing a medical consultation does not guarantee that you will receive treatment, a prescription, a particular medication, a particular dosage, or any other healthcare service.
Treatment eligibility is determined exclusively by the applicable Healthcare Provider based on independent professional medical judgment.
A Healthcare Provider may:
- decline to prescribe medication;
- recommend a different treatment;
- require laboratory testing;
- request additional information;
- require an in-person evaluation;
- modify a treatment plan;
- discontinue treatment; or
- refer you to another healthcare professional.
Educational Content Is Not Medical Advice
Except for individualized communications provided directly to you by a licensed Healthcare Provider in connection with your care, content made available through Koves is provided for general educational and informational purposes only.
Website content does not constitute medical advice, diagnosis, treatment, or a substitute for consultation with a qualified healthcare professional.
You should not begin, discontinue, increase, decrease, or otherwise modify any medication or treatment solely because of information obtained through the Platform.
Availability of Services
Services may not be available in every state or jurisdiction.
Availability may depend on:
- your physical location;
- Healthcare Provider licensing;
- pharmacy licensing;
- medication availability;
- applicable law;
- clinical eligibility;
- provider availability;
- program availability; and
- other operational or regulatory considerations.
Koves may modify, expand, restrict, suspend, or discontinue Services in particular jurisdictions at any time.
Eligibility
To use healthcare-related Services through Koves, unless otherwise expressly permitted, you must:
- be at least 18 years old;
- have legal capacity to enter into a binding agreement;
- be physically located in a jurisdiction where the applicable Services may legally be provided;
- provide accurate and complete information;
- agree to all required consents and disclosures;
- comply with these Terms; and
- satisfy any clinical or administrative eligibility criteria imposed by the applicable Healthcare Provider.
Meeting these requirements does not guarantee eligibility for treatment.
Location and Identity Verification
You agree to accurately identify your physical location at the time healthcare services are provided.
You may not misrepresent, obscure, manipulate, falsify, spoof, or otherwise conceal your physical location for purposes of obtaining medical care.
Koves, Healthcare Providers, pharmacies, or service providers may use reasonable methods to verify:
- your identity;
- your age;
- your physical location;
- account ownership;
- billing information;
- treatment eligibility; and
- other information necessary to provide Services.
Telehealth Services
Healthcare services accessible through Koves may be provided through telehealth.
Telehealth involves the delivery of healthcare services using electronic communications when the patient and Healthcare Provider are not physically located in the same place.
Telehealth may include:
- online medical questionnaires;
- asynchronous clinical review;
- secure messaging;
- telephone communications;
- video communications;
- photographs;
- electronic medical records;
- laboratory information;
- diagnostic information; and
- other electronic communications.
You may be required to agree to a separate Consent to Telehealth before receiving medical services.
Telehealth has limitations. A remote Healthcare Provider may not have access to certain information that could otherwise be obtained through an in-person physical examination.
A Healthcare Provider may therefore determine that telehealth is not appropriate for your circumstances or may require additional testing or in-person care.
Your Responsibilities and Medical Information
You agree to provide complete, truthful, current, and accurate information when using the Platform or communicating with Healthcare Providers.
Information you may be required to provide includes:
- medical history;
- current and prior medical conditions;
- allergies;
- prescription medications;
- over-the-counter medications;
- supplements;
- substance use;
- previous adverse reactions;
- pregnancy status when applicable;
- family history;
- laboratory results;
- height and weight;
- symptoms;
- prior diagnoses;
- treatment history; and
- other information relevant to your care.
You acknowledge that withholding, falsifying, omitting, or materially misrepresenting healthcare information may interfere with the ability of a Healthcare Provider to safely evaluate or treat you.
Pharmacy Services
If a Healthcare Provider issues a prescription, the prescription may be transmitted to an independent appropriately licensed pharmacy.
Pharmacies participating in Services are independent from Koves.
The dispensing pharmacy is responsible for pharmacy-related professional services, including:
- prescription verification;
- medication preparation;
- compounding when applicable;
- pharmacist review;
- labeling;
- dispensing;
- medication handling;
- pharmacy counseling; and
- other obligations imposed on pharmacies by applicable law.
Koves does not manufacture, compound, dispense, or directly control prescription medications.
You authorize information reasonably necessary to process and fulfill a valid prescription to be transmitted to an applicable pharmacy, subject to applicable privacy laws, notices, and consents.
Manufactured and Compounded Medications
Healthcare Providers accessible through the Platform may prescribe commercially manufactured prescription medications and, when clinically appropriate and legally permitted, compounded medications.
Compounded medications do not undergo FDA premarket review.
FDA does not review compounded medications for safety, effectiveness, or quality before they are marketed in the same manner that FDA reviews approved drug products.
A compounded medication should not be considered equivalent to a commercially manufactured prescription product.
Whether a compounded or a commercially manufactured medication is medically appropriate is determined solely by the treating Healthcare Provider.
Treatment Risks and Results
All medical treatments and medications involve potential risks, limitations, contraindications, and side effects.
Individual results vary.
Neither Koves nor any Healthcare Provider guarantees:
- weight loss;
- improvement in appearance;
- improvement in symptoms;
- specific laboratory changes;
- longevity outcomes;
- absence of side effects;
- tolerance of medication;
- a particular degree of improvement; or
- any other specific clinical result.
Laboratory Testing and Additional Care
Your Healthcare Provider may determine that laboratory testing, diagnostic testing, specialist consultation, primary care evaluation, or in-person healthcare services are necessary.
Unless expressly stated otherwise, these services may not be included in your Koves Program and may result in additional charges.
Failure to complete requested testing or follow-up may result in delay, modification, or discontinuation of treatment.
Programs and Subscriptions
Koves may offer recurring or non-recurring programs through which eligible users may access administrative services, technology services, Healthcare Provider services, pharmacy services, prescriptions, medications, or related benefits (each, a "Program").
The exact benefits, pricing, medication availability, billing frequency, and services included in a Program will be disclosed during enrollment or checkout.
Koves Programs are not health insurance and are not a substitute for comprehensive health insurance or a primary care relationship.
Automatic Renewal
CERTAIN KOVES PROGRAMS AUTOMATICALLY RENEW.
If you enroll in a recurring Program, you expressly authorize Koves, its affiliates, service providers, or payment processors to automatically charge your payment method at the price and billing frequency disclosed to you during checkout until your subscription is canceled or otherwise terminated.
Billing dates may vary slightly because of:
- weekends;
- holidays;
- differences in month length;
- provider processing;
- pharmacy processing;
- payment processor timing; or
- other administrative considerations.
Cancellation
You may cancel an eligible recurring Koves subscription through the cancellation mechanism made available through your account or by contacting:
hello@koves.co
Cancellation prevents future subscription renewals after the cancellation becomes effective.
Cancellation does not automatically reverse charges already incurred, consultations already completed, clinician review already performed, prescriptions already transmitted, pharmacy processing already initiated, or medication already dispensed.
Because prescription processing and fulfillment may begin shortly after medical authorization, cancellation requests should be submitted before the applicable prescription is processed whenever possible.
Refund Policy
Prescription medications generally cannot be returned for resale or reuse after dispensing.
Except where required by applicable law or expressly stated otherwise, charges may become non-refundable once applicable services have been performed or pharmacy processing has begun.
This may include charges associated with:
- Healthcare Provider consultations;
- medical review;
- prescription processing;
- pharmacy fulfillment;
- medication;
- laboratory services;
- administrative services; and
- shipping.
If you believe you received an incorrect product, duplicate charge, materially damaged shipment, incorrect charge, or other fulfillment error, contact:
hello@koves.co
Nothing in these Terms limits any refund or remedy that applicable law requires.
No Insurance
Unless expressly stated otherwise, Koves Programs and Services are offered on a cash-pay basis.
Koves does not guarantee that any consultation, medication, laboratory service, pharmacy service, membership, subscription, or other expense will be reimbursed by insurance.
You are responsible for determining whether reimbursement may be available through an insurer, HSA, FSA, employer-sponsored benefit, or another third-party benefit program.
Medicare, Medicaid, and Government Programs
Unless expressly stated otherwise, Services accessible through Koves are not intended to be billed to Medicare, Medicaid, TRICARE, or another federal or state healthcare program.
Participation in a cash-pay Koves Program does not constitute a representation that any associated service or medication is reimbursable by a government healthcare program.
Shipping
Any shipping or delivery timeframe displayed through the Platform is an estimate and not a guarantee.
Processing or delivery may be delayed because of:
- clinical review;
- provider approval;
- pharmacy processing;
- compounding time;
- inventory limitations;
- drug shortages;
- weekends;
- holidays;
- carrier disruptions;
- weather;
- regulatory restrictions;
- supply-chain disruptions;
- incorrect shipping information;
- temperature-control requirements; or
- other circumstances outside Koves's reasonable control.
You are responsible for providing complete and accurate shipping information.
You are also responsible for promptly retrieving delivered medication and storing it according to instructions provided by the dispensing pharmacy or manufacturer.
Medication Storage and Handling
You agree to follow all instructions provided by the dispensing pharmacy, manufacturer, or Healthcare Provider concerning medication storage, handling, administration, and disposal.
You should not use medication that appears:
- tampered with;
- contaminated;
- materially damaged;
- incorrectly labeled; or
- otherwise unsafe.
Keep all medications out of the reach of children and pets.
Privacy
Your use of the Platform is also subject to the Koves Privacy Policy and any applicable privacy notices provided by Healthcare Providers, pharmacies, laboratories, Bask Health, or other service providers.
Healthcare Providers may provide separate Notices of Privacy Practices concerning the use and disclosure of medical information.
Electronic Communications
By using Koves, you consent to receiving electronic communications relating to your account and Services.
Communications may include:
- account notifications;
- billing notices;
- security alerts;
- order confirmations;
- provider communications;
- appointment reminders;
- prescription notifications;
- pharmacy notifications;
- shipping notifications;
- legal notices;
- service announcements; and
- other administrative communications.
Communications may be delivered through email, SMS, secure messaging, telephone, account notifications, or other electronic methods.
SMS Communications
If you opt in to receive SMS messages, you consent to receiving the categories of messages disclosed at the time of enrollment.
Message and data rates may apply. Message frequency may vary.
Where applicable, you may opt out of promotional SMS communications by replying STOP.
Consent to receive marketing text messages is not a condition of purchasing Services where prohibited by law.
Email and SMS Security
Ordinary email and SMS communications may not provide the same level of security or confidentiality as dedicated secure healthcare communication systems.
By choosing to communicate through ordinary email or SMS, you acknowledge the inherent limitations associated with those methods of communication.
Never use email or SMS for a medical emergency.
Registration and Account Security
Certain Services require you to create an account.
You agree to:
- provide truthful and accurate account information;
- maintain current information;
- keep your credentials confidential;
- not share your account;
- not permit another person to impersonate you;
- use reasonable security precautions; and
- promptly notify Koves of suspected unauthorized access.
If you believe your account has been compromised, contact:
hello@koves.co
Prohibited Use
You agree that you will not, and will not attempt to:
- use the Platform in violation of law;
- impersonate another person or entity;
- provide materially false identity information;
- provide materially false medical information;
- misrepresent your age or location;
- obtain treatment or medication for another person without authorization;
- resell, redistribute, transfer, or unlawfully provide prescription medication to another person;
- engage in prescription fraud;
- engage in pharmacy fraud;
- engage in payment fraud;
- engage in identity fraud;
- access another person's account;
- reverse engineer Platform software;
- introduce malware, malicious code, viruses, or harmful software;
- probe or test Platform security without authorization;
- circumvent access controls;
- interfere with Platform functionality;
- scrape or systematically extract Platform content without authorization;
- copy or commercially exploit Platform content;
- use Platform materials to develop a competing product or service without authorization;
- infringe intellectual property rights;
- harass Healthcare Providers, pharmacies, employees, contractors, or other users; or
- assist another person in doing any of the foregoing.
Koves may suspend or terminate access for suspected prohibited conduct.
Ownership of Information Submitted Through the Platform
Except for personal data, protected health information, medical records, or other information that is subject to applicable privacy laws, healthcare confidentiality requirements, privacy notices, or contractual restrictions, you understand and agree that information you voluntarily submit to Koves through the Platform, whether through direct entry, forms, questionnaires, communications, email, feedback, comments, suggestions, surveys, reviews, or otherwise, may be treated as non-confidential and non-proprietary to the extent permitted by applicable law.
To the maximum extent permitted by law, such information may become the property of Koves and may be used by Koves for lawful business purposes, including:
- operating the Platform;
- providing Services;
- improving products and services;
- developing new features;
- performing analytics;
- conducting research;
- quality assurance;
- customer support;
- fraud prevention;
- security;
- marketing;
- business development; and
- other lawful business purposes.
Koves may use ideas, concepts, suggestions, recommendations, know-how, techniques, or other feedback contained in communications submitted to Koves without compensation or obligation to you.
To the extent permitted by applicable law, you grant Koves and its affiliates, service providers, successors, assigns, Healthcare Providers, professional medical entities, pharmacies, technology providers, and other parties involved in providing Services a worldwide, transferable, sublicensable, royalty-free license to use, reproduce, store, process, modify, analyze, display, transmit, distribute, create derivative works from, and otherwise use information submitted through the Platform when reasonably necessary or permitted for:
- providing Services to you;
- operating and maintaining the Platform;
- facilitating medical services;
- facilitating pharmacy services;
- processing transactions;
- conducting research and analysis;
- improving existing products and services;
- developing new products and services;
- security and fraud prevention;
- regulatory compliance;
- legal compliance; and
- other lawful purposes described in applicable privacy notices.
Nothing in this section is intended to eliminate or reduce protections applicable to protected health information, medical records, or personal information under applicable law.
Ownership of Platform Content
As between you and Koves, Koves or its licensors own all right, title, and interest in and to the Platform and its original content, features, functionality, software, text, design, graphics, photographs, videos, interfaces, arrangement, selection, trade dress, branding, and other materials.
These materials are protected by applicable copyright, trademark, trade-secret, and other intellectual-property laws.
Subject to these Terms, Koves grants you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for lawful personal use.
Trademarks
Koves, the Koves logo, product names, service names, slogans, designs, and related branding may constitute trademarks, service marks, or trade dress owned by Koves LLC.
You may not use Koves branding without prior written authorization in a manner that is likely to create confusion concerning affiliation, sponsorship, approval, endorsement, or origin.
Copyright Complaints
Koves respects the intellectual-property rights of others.
If you believe content available through Koves infringes your copyright or other intellectual-property rights, contact:
hello@koves.co
Your notice should include sufficient information to identify:
- the copyrighted work;
- the allegedly infringing material;
- the location of that material;
- your contact information;
- the basis for your claim;
- your good-faith belief that the disputed use is unauthorized; and
- a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Third-Party Services
The Platform may contain links to, integrations with, or services provided by independent third parties.
These may include:
- Healthcare Providers;
- professional medical entities;
- pharmacies;
- laboratories;
- Bask Health;
- payment processors;
- identity-verification providers;
- shipping carriers;
- communications providers;
- analytics providers;
- hosting providers; and
- other technology providers.
These third parties may maintain their own terms, privacy practices, policies, or agreements.
Koves is not responsible for independent third-party acts or omissions except to the extent liability cannot lawfully be excluded.
Modification or Discontinuation of Services
Koves may modify, suspend, restrict, replace, or discontinue all or any portion of the Platform or non-clinical Services at any time.
Koves does not guarantee continued availability of:
- any particular medication;
- any particular compounded formulation;
- any particular dosage;
- any particular Healthcare Provider;
- any particular pharmacy;
- any particular laboratory;
- any particular Program;
- any particular price; or
- any particular Platform feature.
Nothing in this section permits Koves to interfere with legal or professional obligations independently owed to you by a Healthcare Provider.
Termination
You may discontinue use of the Platform at any time.
Koves may suspend or terminate your access when reasonably necessary, including because of:
- violation of these Terms;
- fraud;
- abuse;
- threatening behavior;
- illegal activity;
- nonpayment;
- security concerns;
- regulatory requirements;
- misuse of prescription services;
- false information; or
- discontinuation of Services.
Termination of your Koves account does not eliminate legal obligations independently applicable to Healthcare Providers concerning medical records or continuity of care.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KOVES PLATFORM AND NON-CLINICAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
To the maximum extent permitted by law, Koves disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:
- merchantability;
- fitness for a particular purpose;
- title;
- non-infringement;
- accuracy;
- availability;
- security;
- reliability;
- completeness;
- timeliness;
- functionality; and
- freedom from harmful code.
Koves does not warrant that:
- the Platform will always be available;
- the Platform will be uninterrupted;
- the Platform will be error-free;
- all defects will be corrected;
- a particular Healthcare Provider will accept you;
- a particular treatment will be prescribed;
- a particular pharmacy will remain available;
- a particular medication will remain available; or
- you will achieve a particular result.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOVES LLC AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES.
This includes, to the extent permitted by law, damages arising from loss of:
- profits;
- revenue;
- data;
- business opportunities;
- goodwill;
- use; or
- other intangible losses.
To the extent permitted by applicable law, Koves is not liable for the independent clinical judgment, diagnosis, treatment recommendation, prescribing decision, professional negligence, or medical acts or omissions of independent Healthcare Providers.
To the extent permitted by law, Koves is likewise not responsible for the independent acts or omissions of pharmacies, laboratories, carriers, payment processors, technology providers, or other third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KOVES AND THE KOVES PARTIES ARISING FROM OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID DIRECTLY BY YOU TO KOVES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not permit certain limitations of liability. Where such limitations are prohibited, these provisions apply only to the maximum extent permitted by law.
Allocation of Responsibilities
You acknowledge that Koves, Healthcare Providers, professional medical entities, pharmacies, laboratories, technology providers, payment processors, and shipping carriers may be legally separate entities.
The existence of an integrated Platform, combined checkout experience, shared branding, coordinated communication, or centralized administrative functionality does not by itself create a partnership, joint venture, employment relationship, agency relationship, or shared professional liability among those entities.
Each party remains responsible for its own legally attributable acts and obligations.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Koves LLC and its affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, service providers, successors, and assigns from and against third-party claims, proceedings, liabilities, damages, judgments, losses, penalties, expenses, and reasonable attorneys' fees arising from or relating to:
- your material violation of these Terms;
- your fraudulent use of the Platform;
- your unlawful conduct;
- information you knowingly falsify or materially misrepresent;
- your infringement of another person's rights;
- your unauthorized resale or transfer of medication;
- your unauthorized use of another person's identity or account; or
- your intentional misconduct.
This provision does not require you to indemnify any party for liability that applicable law prohibits shifting to you.
Informal Dispute Resolution
Before commencing arbitration or litigation against Koves, you and Koves agree to attempt in good faith to resolve the dispute informally.
A written Notice of Dispute should include:
- your name;
- your contact information;
- relevant account information;
- a description of the dispute;
- the basis of your claim; and
- the specific relief requested.
Notices to Koves should be sent to:
hello@koves.co
The parties agree to provide at least thirty (30) days after receipt of a complete Notice of Dispute to attempt informal resolution before commencing arbitration, except where applicable law requires otherwise.
Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES BETWEEN YOU AND KOVES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Except for disputes expressly excluded below, you and Koves agree that any dispute, claim, or controversy arising out of or relating to:
- these Terms;
- the Platform;
- Koves Programs;
- transactions involving Koves;
- communications involving Koves;
- Koves advertising;
- billing;
- your account; or
- your relationship with Koves
will be resolved through final and binding individual arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Unless otherwise agreed, arbitration will be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules.
Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KOVES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless otherwise required by applicable law or mandatory arbitration rules, an arbitrator may not consolidate claims involving multiple individuals without the consent of the parties.
Mass Arbitration
If substantially similar arbitration demands are filed against Koves and are coordinated by the same or related counsel, organizations, or claim administrators, any applicable AAA mass-arbitration procedures may apply.
Nothing in this provision authorizes class arbitration.
Exceptions to Arbitration
Either party may:
- bring an eligible individual claim in small-claims court;
- seek temporary or emergency injunctive relief where necessary to prevent imminent and irreparable harm;
- bring claims involving infringement or misappropriation of intellectual-property rights in a court of competent jurisdiction; or
- pursue any claim that applicable law prohibits from being subject to mandatory arbitration.
Jury Trial Waiver
TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND KOVES WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law
Except to the extent superseded by federal law or non-waivable applicable law, these Terms and disputes involving Koves shall be governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
For disputes that may properly proceed in court, the parties consent to jurisdiction in the appropriate state or federal courts located in Missouri, subject to any non-waivable rights provided by applicable law.
Changes to These Terms
Koves may modify these Terms from time to time.
The revision date appearing at the top of this page identifies the most recent version.
Where required by law, Koves may provide additional notice of material changes through:
- email;
- account notifications;
- checkout disclosures;
- website notices; or
- other reasonable methods.
Your continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Assignment
You may not assign or transfer your rights or obligations under these Terms without prior written consent from Koves.
Koves may assign or transfer these Terms in connection with:
- a merger;
- acquisition;
- sale of assets;
- financing;
- corporate restructuring;
- change of control; or
- transfer of the applicable business.
No Agency Relationship
Nothing contained in these Terms creates a partnership, franchise, joint venture, employment relationship, fiduciary relationship, or agency relationship between you and Koves.
You have no authority to bind Koves.
Force Majeure
To the maximum extent permitted by law, Koves will not be responsible for delay or failure caused by circumstances outside its reasonable control.
Such circumstances may include:
- natural disasters;
- severe weather;
- epidemics or pandemics;
- war;
- civil unrest;
- government action;
- regulatory changes;
- internet outages;
- telecommunications failures;
- power failures;
- cybersecurity incidents;
- carrier disruptions;
- drug shortages;
- pharmacy disruptions;
- supply-chain disruptions; or
- failures of third-party infrastructure.
Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
No Waiver
Failure by Koves to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
Entire Agreement
These Terms, together with any policies, notices, consents, disclosures, subscription terms, privacy policies, or other agreements expressly incorporated by reference, constitute the agreement between you and Koves concerning your use of the Platform.
Separate agreements may apply to:
- medical care;
- telehealth consent;
- pharmacy services;
- laboratory services;
- privacy practices;
- specific treatment Programs;
- Bask Health services; and
- other third-party services.
Contact
If you have questions concerning these Terms of Use, contact:
Koves LLC
Email: hello@koves.co
Website: Koves.co
Questions regarding your diagnosis, prescription, medication, symptoms, treatment plan, side effects, or other clinical matters should be directed to your licensed Healthcare Provider through the appropriate clinical communication channel.
DO NOT CONTACT KOVES CUSTOMER SUPPORT FOR A MEDICAL EMERGENCY. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE EMERGENCY MEDICAL ATTENTION.




